Lantner v. Carson, 373 N.E.2d 973 (Mass. 1978). · Go Syfert
Lantner v. Carson, 373 N.E.2d 973 (Mass. 1978). Cases Citing This Book View Copy Cite
“the proscription in 2 of 'unfair or deceptive acts or practices in the conduct of any trade or commerce' must be read to apply to those acts or practices which are perpetrated in a business context”
274 citation events (112 in the last 25 years) across 19 distinct courts.
Strongest positive: Klairmont v. Gainsboro Restaurant, Inc. (mass, 2013-05-16)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Klairmont v. Gainsboro Restaurant, Inc.
Mass. · 2013 · quote attribution · 1 verbatim quote · confidence high
the proscription in 2 of 'unfair or deceptive acts or practices in the conduct of any trade or commerce' must be read to apply to those acts or practices which are perpetrated in a business context
examined Cited as authority (verbatim quote) Riley v. Decoulos (In Re American Bridge Products, Inc.) (2×) also: Cited as authority (quoted)
Bankr. D. Mass. · 2005 · quote attribution · 2 verbatim quotes · confidence high
g.l. c. 93a is not available where the transaction is strictly private in nature, and is in no way undertaken in the ordinary course of a trade or business.
discussed Cited as authority (verbatim quote) Frullo v. Landenberger (2×) also: Cited "see"
Mass. App. Ct. · 2004 · signal: see · quote attribution · 1 verbatim quote · confidence high
where 9 affords a private remedy to the individual consumer . . . , an entirely different section, 11, extends the same remedy to 'ny person who engages in the conduct of any trade or commerce
examined Cited as authority (rule) 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another (3×) also: Cited "see"
Mass. App. Ct. · 2025 · confidence medium
General Laws c. 93A, § 2, proscribes "unfair or deceptive acts or practices in the conduct of any trade or commerce." Although the statute does not specifically define the phrase "in the conduct of any trade or commerce," the Supreme Judicial Court has explained that it "must be read to apply to those acts or practices which are perpetrated in a business context." Lantner v. Carson, 374 Mass. 606, 611 (1978).
discussed Cited as authority (rule) JOSEPH TRITES & Another v. PETER CRICONES & Another
Mass. App. Ct. · 2025 · confidence medium
Although the statute does not apply to "strictly private transactions such as the isolated sale of a private home," Begelfer v. Najarian, 381 Mass. 177, 190 (1980), citing Lantner v. Carson, 374 Mass. 606, 610-611 (1978), its remedies may be invoked against a construction company or real estate developer like the defendants, see Heller v. Silverbranch Constr.
discussed Cited as authority (rule) Colin Booth v. Evan Smith, Katherine Faulkner, and Highland Park Technologies, Inc.
Mass. Super. Ct. · 2025 · confidence medium
“Engaging in trade or commerce means ‘acting in a business context.’ ” Id., quoting Lantner v. Carson, 374 Mass. 606, 611 (1978); accord Feeney v. Dell Inc., 454 Mass. 192, 212 (2009). -11- Nothing alleged in the complaint suggests that Faulkner was acting in a business context when she asked MassCEC to transfer the balance of its grant to Highland Park, or that Highland Park was acting in a business context when it received and used the grant balance.
cited Cited as authority (rule) Miller, Trustee v. City of Gloucester
D. Mass. · 2019 · confidence medium
Co. v. Ellis & Ellis, 262 F.3d 53, 66 (1st Cir. 2001) (quoting Lantner v. Carson, 373 N.E.2d 973, 977 (Mass. 1978)).
discussed Cited as authority (rule) Stephen Gately v. Mortara Instrument
D.N.H. · 2017 · confidence medium
Co., 943 F. Supp. 137, 153 (D.N.H. 1996), it does not apply to transactions that are “strictly private in nature” and are “in no way undertaken in the ordinary course of a trade or business.” Hughes v. DiSalvo, 143 N.H. 576, 578 (1999) (quoting Lantner v. Carson, 374 Mass. 606, 373 (1978)). 19 The Act “lists thirteen representative categories of unlawful acts or practices, each dealing with transactions for the provision of goods or services to consumers.” Roberts v. Gen.
discussed Cited as authority (rule) Andrew Hall v. Lorettann and Nikolas Gascard
D.N.H. · 2017 · confidence medium
Co., 943 F. Supp. 137, 153 (D.N.H. 1996), it does not apply to transactions that are “strictly private in nature” and are “in no way undertaken in the ordinary course of a trade or business.” Hughes v. DiSalvo, 143 N.H. 576, 578 (1999) (quoting Lantner v. Carson, 374 Mass. 606 , 373 N.E.2d 973, 975 (1978)).
discussed Cited as authority (rule) Rodriguez v. Massachusetts Bay Transportation Authority
Mass. Super. Ct. · 2016 · confidence medium
See, e.g., id. at 52-53 (affirming grant of a motion to dismiss Chapter 93A claims); Lantner v. Carson, 374 Mass. 606, 611-12 (1978) (same); and Brodsky v. New England School of Law, 617 F.Sup.2d 1, 7 (D.Mass. 2009) (same).
cited Cited as authority (rule) Dorrian v. LVNV Funding, LLC
Mass. Super. Ct. · 2015 · confidence medium
Peabody NE, Inc. v. Marshfield, 426 Mass. 436, 439 (1998); Lantner v. Carson, 374 Mass. 606, 611 (1978).
discussed Cited as authority (rule) Foti Fuels, Inc. v. Kurrle Corp. (2×)
Vt. · 2013 · confidence medium
Reading the statute as a whole, however, the state’s highest court has held that “in commerce” necessarily limits the act’s application to the “business context.” Lantner v. Carson, 373 N.E.2d 973, 977 (Mass. 1978).
discussed Cited as authority (rule) Foti Fuels, Inc. and Robert A. Foti v. Kurrle Corporation, Payjack, LLC and James J. Kurrle (2×)
Vt. · 2013 · confidence medium
Reading the statute as a whole, however, the state’s highest court has held that “in commerce” necessarily limits the act’s application to the “business context.” Lantner v. Carson , 373 N.E.2d 973, 977 (Mass. 1978).
discussed Cited as authority (rule) Foti Fuels, Inc. and Robert A. Foti v. Kurrle Corporation, Payjack, LLC and James J. Kurrle (2×)
Vt. · 2013 · confidence medium
Reading the statute as a whole, however, the state’s highest court has held that “in commerce” necessarily limits the act’s application to the “business context.” Lantner v. Carson , 373 N.E.2d 973, 977 (Mass. 1978).
cited Cited as authority (rule) Kuong v. Wong
Mass. Super. Ct. · 2013 · confidence medium
Carson, 374 Mass. 606, 610 (1978).
cited Cited as authority (rule) Weiler v. PortfolioScope, Inc.
Mass. App. Ct. · 2013 · confidence medium
As was stated in Lantner v. Carson, 374 Mass. 606, 607-608 (1978), “as broadly and expansively as the statute applies to the regulation of business practices, G.
discussed Cited as authority (rule) Paradigm Biodevices, Inc. v. Viscogliosi Bros., LLC
S.D.N.Y. · 2012 · confidence medium
Corp. v. Royal Institutional Servs., Inc., 64 Mass. App.Ct. 179, 832 N.E.2d 666, 673 (2005) (internal quotation marks and citations omitted); accord Darviris v. Petros, 442 Mass. 274 , 812 N.E.2d 1188 , 1192 (2004); Lantner v. Carson, 374 Mass. 606 , 373 N.E.2d 973, 976 (1978) (concluding that with respect to Chapter 93A, the Massachusetts Legislature intended “persons engaged in the conduct of any trade or commerce” to “refer specifically to individuals acting in a business context”).
discussed Cited as authority (rule) Evans v. Lorillard Tobacco Co.
Mass. Super. Ct. · 2011 · confidence medium
CHAPTER 93A “Actionable c. 93A conduct must occur ‘in a business context.’ ” McGonagle v. Home Depot, U.S.A., Inc., 75 Mass.App.Ct. 593, 599 (2009), citing Lantner v. Carson, 374 Mass. 606, 611 (1978).
discussed Cited as authority (rule) Graham v. Just A Start Corp.
Mass. Super. Ct. · 2011 · confidence medium
General Laws c. 93A, §2 prohibits “unfair or deceptive acts or practices in the conduct of any trade or commerce.” Conduct undertaken in trade or commerce means “those acts or practices which are perpetrated in abusiness context.” Lantner v. Carson, 374 Mass. 606, 611 (1978).
cited Cited as authority (rule) Klairmont v. Gainsboro Restaurant, Inc.
Mass. Super. Ct. · 2011 · confidence medium
Defendants’ Liability “Actionable c. 93A conduct must occur ‘in a business context.’ ” McGonagal, 75 Mass.App.Ct. at 599 , citing Lantner v. Carson, 374 Mass. 606, 611 (1978).
discussed Cited as authority (rule) Ward v. Ward
Mass. Super. Ct. · 2010 · confidence medium
Not only was the relationship between Frank and Barry familial and the transaction of a private nature motivated by personal reasons, see Lantner v. Carson, 374 Mass. 606, 610, 611 (1978), and Begelfer v. Najerian, 381 Mass. 177, 191 (1980), but the Court finds that no unfair or deceptive act by Barry was proven.
discussed Cited as authority (rule) Law Offices of Jeffrey S. Glassman v. Palmisciano
D. Mass. · 2009 · confidence medium
Section ll’s reference to persons engaged in trade or commerce specifically refers “to individuals acting in a business context.” Lantner v. Carson, 374 Mass. 606 , 373 N.E.2d 973, 976 (1978); accord Linkage Corp. v. Trustees of Boston Univ., 425 Mass. 1 , 679 N.E.2d 191, 206-07 (1997).
cited Cited as authority (rule) Feeney v. Dell Computer Corp.
Mass. Super. Ct. · 2009 · confidence medium
See Reiter Oldsmobile, Inc., supra. The Appeals Court explained: Actionable c. 93A conduct must occur “in a business context.” Lantner v. Carson, 374 Mass. 606, 611 (1978).
cited Cited as authority (rule) McGonagle v. Home Depot U.S.A., Inc.
Mass. App. Ct. · 2009 · confidence medium
Actionable c. 93A conduct must occur “in a business context.” Lantner v. Carson, 374 Mass. 606, 611 (1978).
discussed Cited as authority (rule) In Re Pharm. Industry Average Wholesale Price Lit.
1st Cir. · 2009 · confidence medium
Whereas "§ 9 affords a private remedy to the individual consumer who suffers a loss as a result of the use of an unfair or deceptive act or practice," § 11 grants a cause of action to "[a]ny person engaged in the conduct of any trade or commerce," which the Massachusetts Supreme Judicial Court ("SJC") has interpreted to mean persons "acting in a business context." Lantner v. Carson, 374 Mass. 606 , 373 N.E.2d 973, 976 (1978). [27] *192 Calling the distinction between § 9 and § 11 "as clear as mud," the district court cited Linkage Corporation v. Trustees of Boston University, 425 Mass. 1 ,…
discussed Cited as authority (rule) Blue Cross Blue Shield v. AstraZeneca Pharmaceuticals LP
1st Cir. · 2009 · confidence medium
Whereas “ § 9 affords a private remedy to the individual consumer who suffers a loss as a result of the use of an unfair or deceptive act or practice,” § 11 grants a cause of action to “[a]ny person engaged in the conduct of any trade or commerce,” which the Massachusetts Supreme Judicial Court (“SJC”) has interpreted to mean persons “acting in a business context.” Lantner v. Carson, 374 Mass. 606 , 373 N.E.2d 973, 976 (1978). 27 Calling the distinction between § 9 and § 11 “as clear as mud,” the district court cited Linkage Corporation v. Trustees of Boston University,…
discussed Cited as authority (rule) Feeney v. Dell Inc.
Mass. · 2009 · confidence medium
“Trade or commerce” refers to transactions in a “business context,” Lantner v. Carson, 374 Mass. 606, 611 (1978), which, in turn, is “determined by the facts of each case,” on consideration of “the nature of the transaction, the character of the parties and their activities, and whether the transaction was motivated by business or personal reasons.” Poznik v. Massachusetts Med.
cited Cited as authority (rule) T.W. Nickerson, Inc. v. Fleet National Bank
Mass. App. Ct. · 2009 · confidence medium
L. c. 93A, as their actions were “in no way undertaken in the ordinary course of a trade or business.” Lantner v. Carson, 374 Mass. 606, 608 (1978).
discussed Cited as authority (rule) Milliken & Co. v. Duro Textiles, LLC
Mass. · 2008 · confidence medium
L. c. 93A “is not available to parties in a strictly private transaction, where the undertaking is not ‘in the ordinary course of a trade or business.’ ” Linkage Corp. v. Trustees of Boston Univ., supra at 23 n.33, quoting Lantner v. Carson, 374 Mass. 606, 608 (1978).
examined Cited as authority (rule) Grossman v. Pouy (4×) also: Cited "see"
Mass. Super. Ct. · 2008 · confidence medium
See Rousseau, 24 Mass.App.Ct. at 158-59 (real estate broker, as one involved in business transaction, may be liable under c. 93A); Lantner, 374 Mass. at 608 (individual homeowner not liable in purely private transaction).
discussed Cited as authority (rule) Gambill v. Packard
Mass. Dist. Ct., App. Div. · 2007 · confidence medium
In any event, G.L.C. 93A has no application in this case. “[T]he proscription in [G.L.c. 93A,] §2 of ‘unfair or deceptive acts or practices in the conduct of any trade or commerce’ must be read to apply to those acts or practices which are perpetrated in a business context.” Lantner v. Carson, 374 Mass. 606, 611 (1978).
cited Cited as authority (rule) In Re Pharmaceutical Industry Average Wholesale Price Litigation
D. Mass. · 2007 · confidence medium
Frullo v. Landenberger, 61 Mass.App.Ct. 814 , 814 N.E.2d 1105, 1111 (2004) (citing Lantner v. Carson, 374 Mass. 606 , 373 N.E.2d 973, 976 (1978)).
cited Cited as authority (rule) Kniskern v. Mayer
Mass. Super. Ct. · 2007 · confidence medium
Lantner v. Carson, 374 Mass. 606, 610 (1978).
cited Cited as authority (rule) Winlake II, Inc. v. Mercier
Mass. Super. Ct. · 2006 · confidence medium
See Spence v. Boston Edison Co., 390 Mass. 604, 616 (1983); Lantner v. Carson, 374 Mass. 606, 610 (1978).
cited Cited as authority (rule) T.W. Nickerson, Inc. v. Fleet National Bank
Mass. Super. Ct. · 2006 · confidence medium
Lantner v. Carson, 374 Mass. 606, 608 (1978).
discussed Cited as authority (rule) Endodontic Associates of Lexington, Inc. v. Johnston-Neeser
Mass. Super. Ct. · 2006 · confidence medium
Schinkel 30 Mass.App.Ct. at 49 , quoting Manning, 388 Mass. at 14 , in turn quoting Lantner v. Carson, 374 Mass. 606, 608 (1978). 7 Accordingly, Counts XXI and XXII, in which Dr. Barnes and Dr. Neeser are the complainants, are not dismissed as the status of Dr. Barnes and Dr. Neeser is yet to be determined. 8 Counts XVm, XIX, and XX: Sherman Anti-Trust Act The plaintiffs in counterclaim maintain that EAL has violated 15 U.S.C. §15 , a provision of the Sherman Anti-Trust Act.
cited Cited as authority (rule) Stop & Shop Supermarket Co. v. Loomer
Mass. App. Ct. · 2005 · confidence medium
Lantner v. Carson, 374 Mass. 606, 611 (1978).
cited Cited as authority (rule) Walsh v. Dodani
Mass. Super. Ct. · 2005 · confidence medium
The regulation, however, does not alter the fact that G.L.c. 93A, §2 does not reach transactions that are “strictly private in nature.” Lanter v. Carson, 374 Mass. 606, 611 (1978).
discussed Cited as authority (rule) Park Drive Towing, Inc. v. City of Revere
Mass. · 2004 · confidence medium
L. c. 93A when it is not “acting in a business context,” that is, when it is not engaged in “trade or commerce.” All Seasons Servs., Inc. v. Commissioner of Health & Hosps. of Boston, 416 Mass. 269, 271 (1993), quoting Lantner v. Carson, 374 Mass. 606, 611 (1978).
discussed Cited as authority (rule) Nanfelt v. Asher
Mass. Super. Ct. · 2003 · confidence medium
The general test of whether a defendant’s acts fit the statutory definition of trade or commerce is whether the alleged acts were perpetrated within a “business context” versus a “private, nonprofessional basis.” Lantner v. Carson, 374 Mass. 606, 610-11 (1978).
discussed Cited as authority (rule) KPS & Associates, Inc. v. Designs by FMC, Inc.
1st Cir. · 2003 · confidence medium
The Business Relationship The protections of Chapter 93A are not available to parties in a strictly private transaction, “where the undertaking is not ‘in the ordinary course of a trade or business.’ ” Linkage Corp. v. Trustees of Boston Univ., 425 Mass. 1 , 679 N.E.2d 191 , 207 n. 33 (1997) (quoting Lantner v. Carson, 374 Mass. 606 , 373 N.E.2d 973, 975 (1978)).
cited Cited as authority (rule) Ward v. Costello
Mass. Super. Ct. · 2002 · confidence medium
Relying upon Lantner v. Carson, 374 Mass. 606, 608 (1978), Ward claims that his property was inherited and, thus, that the sale of the family properly is strictly a private transaction.
cited Cited as authority (rule) White v. Hench
Mass. Super. Ct. · 2002 · confidence medium
Hench’s alleged acts of deception towards White, therefore, are actionable under G.L.c. 93A only if those acts were "perpetrated in a business context.” Lantner v. Carson, 374 Mass. 606, 611 (1978).
discussed Cited as authority (rule) Gargano & Associates, P.C. v. Swider
Mass. App. Ct. · 2002 · confidence medium
L. c. 93A, § 11, which applies to those “engage[d] in the conduct of any trade or commerce.” The consumer protection statute distinguishes between “a business person and an individual who participates in commercial transactions on a private, nonprofessional basis.” Lantner v. Carson, 374 Mass. 606, 610 (1978).
discussed Cited as authority (rule) St. Paul Fire & Marine Insurance v. Ellis & Ellis
1st Cir. · 2001 · confidence medium
Though ch. 93A provides a broad remedy, it is only directed at conduct that occurs in the course of trade or commerce. “[U]nfair or deceptive acts or practices” therefore can only form the basis of a ch. 93A claim if those acts “are perpetrated in a business context.” Lantner v. Carson, 374 Mass. 606 , 373 N.E.2d 973, 977 (1978); see also First Enters., Ltd. v. Cooper, 425 Mass. 344 , 680 N.E.2d *67 1163, 1165-66 (1997) (holding that because actions relating to an internal business dispute were not intended to influence an external marketplace, the plaintiffs had failed to show the “…
discussed Cited as authority (rule) JBL Bus Co. v. Massachusetts Bay Transportation Authority
Mass. Super. Ct. · 2001 · confidence medium
However, even if this court assumes that the MBTA would qualify as a “person” under the statute, the Chapter 93A claim must fail because the MBTA was not engaged in “trade” or “commerce.” “A party is engaging in ‘trade or commerce,’ as required under c. 93A, when it acts ‘in a business context.’ ” Peabody N.E., Inc. v. Marshfield, 426 Mass. 436, 439 (1998) (quoting Lantner v. Carson, 374 Mass. 606, 611 (1978)).
cited Cited as authority (rule) Albright v. Trustees of the Villa Grande Condominium
Mass. Dist. Ct., App. Div. · 2001 · confidence medium
Lantner v. Carson, 374 Mass. 606, 607-608 (1978).
discussed Cited as authority (rule) Feijo v. Harte Toyota, Inc.
Mass. Dist. Ct., App. Div. · 2000 · confidence medium
The court did find, however, that Harte was engaged in “trade or commerce,” as defined in G.L.c. 93A, §2, Lantner v. Carlson, 374 Mass. 606, 611 (1978), and, by engaging in an unfair and deceptive act or practice in not selling the vehicle to Feijo, violated c. 93A, thus prompting this appeal.
discussed Cited as authority (rule) F.C. Construction Corp. v. J.A. Cataldo Corp.
Mass. Dist. Ct., App. Div. · 2000 · confidence medium
ALPERIN & ROLAND F. CHASE, CONSUMER RIGHTS AND REMEDIES, 35 Mass. Practice Series: 113, p. 258; Lantner v. Carson, 374 Mass. 606, 610 (1978); Linkage Corp. v. Trustees of Boston University, 425 Mass. 1, 22-23 (1997).
discussed Cited as authority (rule) Ryan Co. v. Massachusetts Port Authority
Mass. Super. Ct. · 2000 · confidence medium
A party engages in “trade or commerce,” for the purposes of c. 93A, when it acts in a business context." Peabody N.E., Inc. v. Marshfield, 426 Mass. 436, 439 (1998), citing Lanter v. Carson, 374 Mass. 606, 611 (1978).
Gary H. Lantner & Another vs. John Carson & Another
Massachusetts Supreme Judicial Court.
Mar 10, 1978.
373 N.E.2d 973
Michael A. Gerstein for the plaintiffs., Albert Conlon (Thomas Valkevich with him) for the defendants.
Hennessey, Quirico, Braucher, Wilkins, Liacos.
Cited by 171 opinions  |  Published
3 passages pin-cited by 2 cases
Pinpoint authority: bottom 86%
Citer courts: Massachusetts Appeals Court (2) · D. Massachusetts (1)
Hennessey, C.J.

In March, 1977, the plaintiffs commenced an action under G. L. c. 93A, inserted by St. 1967, c. 813, § 1, commonly known as the Consumer Protection Act, against the defendants who as private individuals sold them their home. The complaint sought treble damages, attorneys’ fees, and other relief in connection with the repair of several defects discovered by the plaintiffs after they took occupancy.

The defendants filed a motion to dismiss the complaint under Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974), which motion was allowed. Judgment was entered accordingly, and the case was dismissed. Thereafter, the plaintiffs appealed, asserting that the remedial provisions of G. L. c. 93A apply, even where the consumer transaction at issue is the isolated sale of a private home. [1] We granted direct appellate review.

It is well established that in proscribing “unfair or deceptive acts or practices in the conduct of any trade or commerce” (G. L. c. 93A, § 2) the consumer protection statute reaches “[a] wide range of activities,” Commonwealth v. DeCotis, 366 Mass. 234, 239 (1974), including the “sale . . . of any . . . property, . . . real, personal or mixed.” G. L. c. 93A, § 1 (b). We conclude, however, that as broadly and expansively as the statute applies to the regulation of[*608] business practices, see Slaney v. Westwood Auto, Inc., 366 Mass. 688, 693 (1975), G. L. c. 93A is not available where the transaction is strictly private in nature, and is in no way undertaken in the ordinary course of a trade or business. Accordingly, we affirm the dismissal of the plaintiffs’ complaint.

For the purposes of our ruling on the motion to dismiss, we accept as true the factual allegations in the complaint. Slaney v. Westwood Auto, Inc., supra at 690. Fred C. McClean Heating Supplies, Inc. v. Westfield Trade High School Bldg. Comm., 345 Mass. 267, 269 (1962). Shea v. Shea, 296 Mass. 143, 144 (1936). They are as follows. Under an agreement dated April 12, 1976, the plaintiffs agreed to buy and the defendants agreed to sell the premises at 48 Georgetown Road, Boxford, which property was the private residence of the defendants. The purchase and sale agreement, drawn by Wini McDuff as the broker, [2] provided in part that: “This agreement is made . . . subject to the following: Water turned on, well functional, and water quality tests acceptable.” Prior to this written agreement, the defendants had made other representations, namely that (1) the evident damage to second floor ceilings was a result of a defective roof which had since been repaired; and that (2) the second floor fireplace was stuffed with paper to avoid drafts, but was otherwise in complete working order.

The sale was consummated on or about May 19, 1976. The plaintiffs took occupancy on June 8, 1976. Almost immediately thereafter, difficulties developed.

First, on June 10, 1976, the water pump failed. Inspection and repair work revealed that the plaintiffs had been informed incorrectly as to the type of well on the property, and that its pump apparatus was inadequate and defective.

Second, in August, 1976, the well almost ran dry. During that time, the plaintiffs experienced several problems,[*609] including lack of water. As a result the pipes sucked in sand. A professional investigation disclosed that the functioning of the well was “marginal.”

Third, in December, 1976, the plaintiffs replastered the damaged second floor ceilings. After several snowfalls it became apparent that, contrary to the defendants’ representations, the roofing leaks which caused the original damage had not been repaired. As a result, water penetrated both the second and first floors.

Finally, after contracting for the cleaning of the second floor fireplace, the plaintiffs discovered that the fireplace was not merely “stuffed with paper to avoid drafts,” but in fact was partially reconstructed from newspaper “bricks.” The newspaper had been covered with a one-eighth inch coat of plaster and painted black.

The plaintiffs repaired these defects. On January 17, and February 10, 1977, in compliance with G. L. c. 93A, § 9 (3), [3] the plaintiffs sent to the defendants a written demand for relief. Having received no tender of settlement from the defendants within thirty days of the demand, the plaintiffs commenced the instant action.

1. For the purpose of our subsequent analysis, it is useful at this time to review briefly the applicable sections of G. L. c. 93A. Through § 9 (1), as amended through St. 1971, c. 241, G. L. c. 93A provides a private right of action to “[a]ny person who purchases . . . property . . . primarily for personal, family or household purposes and thereby suffers any loss of money or property ... as a result of the use ... by another person of an unfair or deceptive act or practice declared unlawful by section two.” Section 2 proscribes “unfair or deceptive acts or practices in the conduct of any trade or commerce,” and § 1 states that “trade” and “com[*610] merce” shall include “the advertising, the offering for sale, . . . [or] sale ... of any . . . property . . . real, personal, or mixed.”

The plaintiffs argue that the terms of § § 1 and 2 are broad enough to reach any type of commercial exchange, regardless of the nature of the transaction or the character of the parties involved. According to the plaintiffs, the Legislature made no distinction in the statute between the professional salesperson or business person, and the amateur, the individual who may sell a consumer item only on an isolated basis. Therefore, they argue, the remedial provisions of § 9 should be available to the consumer who purchases from an individual homeowner, regardless of the fact the transaction is not in pursuit of the seller’s ordinary course of business. We do not agree with this expansive reading.

First, the statute does not specifically define the phrase “in the conduct of any trade or commerce.” [4] Nevertheless, we may infer its meaning from reading the statute as a whole. Cf. School Comm, of Springfield v. Board of Educ., 362 Mass. 417, 437-438 (1972). In so doing, we observe that, contrary to the plaintiffs’ assertions, G. L. c. 93A creates a sharp distinction between a business person and an individual who participates in commercial transactions on a private, nonprofessional basis.

For example, where § 9 affords a private remedy to the individual consumer who suffers a loss as a result of the use of an unfair or deceptive act or practice, an entirely different section, § 11, extends the same remedy to “[a]ny person who engages in the conduct of any trade or commerce.” [5][*611] In Slaney v. Westwood Auto, Inc., 366 Mass. 688 (1975), we concluded that by these terms, § 11 extends the consumer protection remedies of G. L. c. 93A to the “businessman.” Id. at 695-697. Indeed, this construction is a necessary one. Were we to interpret the phrase “in the conduct of any trade or commerce” as the plaintiffs suggest, to apply to any commercial transaction whatsoever, the “persons” covered by §§ 9 and 11 would be identical. Section 11 would thus be superfluous — merely a repetition of § 9. We have stated that “ [a]n intention to enact a barren and ineffective provision is not lightly to be imputed to the Legislature.” Insurance Rating Bd. v. Commissioner of Ins., 356 Mass. 184, 189 (1969). See Commonwealth v. Gove, 366 Mass. 351, 354 (1974); Commonwealth v. Woods Hole, Marthas Vineyard & Nantucket S.S. Auth., 352 Mass. 617, 618 (1967). Therefore, we conclude that with respect to G. L. c. 93A, where the Legislature employed the terms “persons engaged in the conduct of any trade or commerce,” it intended to refer specifically to individuals acting in a business context.

These considerations are helpful in determining the meaning of § 2, which employs the phrase “in the conduct of any trade or commerce.” Following the rule of statutory construction which suggests that words used in one place within a statute be given the same meaning when found in other parts of the statute, see Commonwealth v. Mercy Hosp., 364 Mass. 515, 520 (1974); Insurance Rating Bd. v. Commissioner of Ins., 356 Mass. 184, 188-189 (1969); Randall’s Case, 331 Mass. 383, 386 (1954); Booma v. BigelowSanford Carpet Co., 330 Mass. 79, 82 (1953), and cases cited, we conclude that the terms of § 2 must be construed similarly to those in § 11. Thus, the proscription in § 2 of “unfair or deceptive acts or practices in the conduct of any trade or commerce” must be read to apply to those acts or practices which are perpetrated in a business context.

[*612] Contrary to the plaintiffs’ assertions, this conclusion is entirely consistent with Slaney v. Westwood Auto, Inc., supra at 693, where we described G. L. c. 93A as “a statute of broad impact” with “far-reaching effects.” At the same time, however, we stated that the statute’s private remedies “are available to the individual consumer . . . who suffers a loss ... as a result of the employment of an unfair or deceptive act or practice by a businessman” (emphasis added). Id. at 695-696. Thus at no time did we intimate in Slaney that the remedial provisions of c. 93A were available to a consumer as against an individual, nonprofessional seller.

Finally, we note that our conclusions with respect to the scope of G. L. c. 93A are not inconsistent with the statute’s broadly protective legislative purpose. In Dodd v. Commercial Union Ins. Co., 373 Mass. 72 (1977), we stated that the basic policy of G. L. c. 93A was “to regulate business activities with the view to providing ... a more equitable balance in the relationship of consumers to persons conducting business activities.” Id. at 80, quoting from Commonwealth v. DeCotis, 366 Mass. 234, 238 (1974). See Slaney v. Westwood Auto, Inc., supra at 696. An individual homeowner who decides to sell his residence stands in no better bargaining position than the individual consumer. Both parties have rights and liabilities established under common law principles of contract, tort, and property law. Thus, arming the “consumer” in this circumstance does not serve to equalize the positions of buyer and seller. Rather, it serves to give superior rights to only one of the parties, even though as nonprofessionals both stand on equal footing.

Judgment affirmed.

1

The plaintiffs took two additional actions after the dismissal of their 93A claims. First, the plaintiffs unsuccessfully sought an order vacating the Superior Court judgment. Second, the plaintiffs filed another suit against the defendants, alleging fraudulent misrepresentation, breach of contract, and breach of warranty in connection with the sale of their home. Lantner v. Carson, Superior Court, Essex County, No. 8092 (1977). In this second suit, the defendants’ motion to dismiss under Mass. R. Civ. P. 12 (b) (9), 365 Mass. 754 (1974) (pendency of a prior action in a court of the Commonwealth) was denied without prejudice.

2

We observe that the real estate broker was not made a party to this case.

3

General Laws c. 93A, § 9 (3), inserted by St. 1969, c. 690, provides, in pertinent part, “At least thirty days prior to the filing of any . . . action [under this section], a written demand for relief, identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suffered, shall be mailed or delivered to any prospective respondent.”

4

Section 1 is of minimal utility in construing this phrase. The statutory definition of “trade” or “commerce” in § 1 merely “recites certain activities which are included within those terms and concludes by incorporating . . .‘any trade or commerce directly or indirectly affecting the people of this commonwealth.’” Commonwealth v. DeCotis, 366 Mass. 234, 239 (1974).

5

Section 11, inserted by St. 1972, c. 614, § 2, provides, in pertinent part: “Any person who engages in the conduct of any trade or commerce and who suffers any loss of money or property... as a result of the use . . . by another person who engages in trade or commerce of an unfair . . .[*611] or deceptive act or practice declared unlawful by section two .. . may . . . bring an action in the superior court . . . .”